Terms & Conditions

MTN mPulse Terms of Service

This General Terms of Service (this “TOS”), as may be modified or amended periodically by MTN (as defined below), is a legally binding agreement made by and between MTN and you, personally and, if applicable, on behalf of the entity for whom you are using MTN mPulse (“the Service”), (collectively, “you” or “your”).

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, MTN DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY MTN, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.

CHANGES TO TERMS

MTN may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.

GRANT OF RIGHTS

Subject to your compliance with the terms and conditions of this TOS, MTN grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Service.

TERMINATION

You may stop using the Services at any time and MTN may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services.

INTELLECTUAL PROPERTY RIGHTS

Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by MTN, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or MTN (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the likes, without express permission from the owner.

PROHIBITED CONDUCT

You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with MTN’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services, or any Law.

You represent and warrant that you will not post any of the following:

Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Unauthorised use of the Service will give MTN a right to a claim for damages and/or be a criminal offence.

If you see objectionable content in the course of your use of the Services, you may report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.

You are responsible for the safety of your account and your password. You will immediately notify MTN if you become aware of any unauthorised use of, or access to the Service through your account, including any unauthorised use of your password or account.

CHANGES

MTN may change or discontinue any of the Services at any time without notice or liability to you or any third party. Subject to the foregoing, MTN also reserves the right to change these terms and conditions at any time without notice. By accepting these Terms and Conditions, You will be deemed to have accepted these and any varied terms and conditions.

PRIVACY POLICY

You agree that MTN may collect, use, and share your information in accordance with MTN’s Privacy Policy.

FEEDBACK

If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to MTN, you agree that such information is non-confidential and MTN can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to MTN in which you do not wish to grant such rights.

DISCLAIMERS, EXCLUSIONS, LIMITATIONS

  • DISCLAIMER OF WARRANTIES. MTN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. MTN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MTN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS OR INFORMATION WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE.

  • EXCLUSION OF DAMAGES.

    MTN will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services.

  • LIMITATION OF LIABILITY.

    In no event will the aggregate liability of MTN arising from, relating to, or in connection with this TOS or the Services exceed the amount that you paid MTN for your use of the services.

    Except as may be specifically provided in this Agreement, neither party shall be liable to the other for any type of special, indirect and/or consequential losses or damages arising under statutory or common law, including but not limited to loss of profits, loss of business opportunities, loss of income, loss of use, loss of goodwill, loss of revenue or third party claims.

  • INDEMNITY

    You agree to indemnify, defend and hold MTN and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services.

    GOVERNING LAW

    This TOS shall be governed in accordance with the Laws of the Federal Republic of Nigeria.

      User Generated Content Terms

      IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN IN ADDITION TO THE PROVISIONS OF THE GENERAL TERMS OF SERVICE, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATED CONTENT.”

    1. MTN reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at our sole and absolute discretion.
    2. You represent and warrant that you will not post any of the following:
      • Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
      • Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
      • Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
      • Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
      • Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
      • Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
      • Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
      • Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by MTN in its sole discretion;
      • Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
      • Content that violates any standards or policies of MTN as determined by MTN in its sole discretion;
      • Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
      • Content that is not legible, that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
      • m. Content that is intended to annoy, harass or anger other users, (e.g., “trolling”).
    3. If you see objectionable content in the course of your use of the Services, you may report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.
    4. By contributing content to the site, you automatically grant MTN an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free worldwide license, by ourselves or with others to use, copy, distribute, publicly perform, publicly display, print, publish, reformat, translate, modify, revise and incorporate into other works, in any form of media or expression.
    5. You also represent that you own all intellectual property in any content you contribute. You must not upload or contribute any content not originally created by you, or any content which is not properly licensed to you for uploading or contributing.
TERMS AND CONDITIONS FOR MTN MPULSE SPELLING BEE FOR STAFF KIDS
  1. Definitions

    The following terms will have the specific meanings assigned to them in these “Terms and Conditions”:

    1. “The Contest/Competition” means the spelling bee competition for MTN staff kids on the mPulse website dubbed “mPulse Spelling Bee For Staff Kids”  promoted by MTN Nigeria Communications PLC (“MTN”);
    2. “Contest Website” means mtnonline.com/mpulse where Participants are required to follow the instructions on the competition announcement page in order to participate in the Contest;
    3. Entry Period means 27th July – 15th August, 2020
    4. “First Entry Period” - refers to the duration of the first round of the mPulse spelling bee competition for staff kids; Round 1 will run from 8am on 27th July – 11:59 pm on 2nd August 2020.
    5. “Second Entry Period” - refers to the duration of the second round of the mPulse spelling bee competition for staff kids; Round 2 will run from 8am on 6th – 11:59pm on 9th August 2020.
    6. “Time” means Nigerian local time, as observed in Lagos, Nigeria. To clarify, all time references in these Terms and Conditions are referring to GMT+1;
    7. “Terms and Conditions” means these Terms and Conditions, including all the annexes and amendments thereof;
    8. “Winner” means the winner of the Competition selected after the three rounds of the competition and after verification and validation by MTN;
    9. “Entrant/Participant/Applicant/Speller/Contestant” means a person who is permitted by these Terms and Conditions to participate in the Contest and submits an entry following the rules displayed on the Contest Website.
  1. Eligibility
    1. The Contest is open to only MTN Staff kids who are students (both boys and girls) in primary and secondary schools (public and private) in Nigeria who are between 9 and 15 years old.
    2. Spellers must not be more than 15 years of age by the start of the competition 27th July  
    3. Kids (biological and legally adopted) of MTN staff (permanent and contract) with an MTN Staff line are eligible to enter for this Contest.
    4. In entering the competition, you confirm that you are eligible to do so and also eligible to claim any prize you may win.
    5. MTN may require you, at various stages of the competition, to provide proof that you are eligible to enter the competition.
    6. Only one entry per person is permitted. Entries via third parties and automated entries are not permitted.
    7. Applications are free and not on sale.
    8. Entrant is required to link with their parent’s staff or spouse line in order to be able to participate in the contest.
    9. Entries not submitted in accordance with these terms and all other rules and directions given by MTN, or entries that are incomplete or illegible (as determined in our sole discretion) will not be eligible.
    10. MTN reserves the right to disqualify an Entrant prior to or during the Competition who is not in compliance with any of the above Eligibility Requirements. MTN may, at any time between the commencement of the Competition and December 31, 2020, require any Speller who is found to have not been in compliance with any of the Eligibility Requirements to forfeit any prizes, rank and other benefits accorded to the Speller as a result of participation in the Competition.
  1. The Contest
    1. The Contest shall comprise three rounds and the first two rounds will be done online within the First and Second Entry Periods on the Contest Website, which for the purpose of this T & C shall be called “the Contest” details of the Contest will be published by MTN.
    2. All eligible Spellers can enter for the first round of the Contest via the Contest Website during the First Entry Period.
    3. All Spellers will be required to register as students on the Contest website with a prepaid MTN phone number that is on mPulse tariff plan in order to participate in the Contest. The staff parents of the spellers are also required to register on the website with their staff phone numbers (voice line, data line or spouse line) under the parent section and be linked with their children for their children to be eligible spellers.
    4. The number with which each Speller registered on the Contest website must be on the mPulse tariff plan in order to participate in the Contest.
    5. All Spellers will be required to update and complete their student profile (including profile picture) and link their numbers with that of their MTN Staff parent or spouse line in order to participate in the contest. Failure to do this will stop Speller from viewing or participating in the competition.
    6. Each Speller will be required to spell 10 words for the first round of the Contest.
    7. Entries received after the close of the First Entry Period shall not be eligible for consideration for the second round of the contest.
    8. The top (100) Spellers from the first round shall be invited to the second round of the contest.
    9. Only Spellers invited for the second round of the contest (identified via their MTN phone number registered on the Contest website) will be able to access the Spelling Bee portal on the Contest website during the Second Entry Period.
    10. Entries received after the close of the Second Entry Period shall not be eligible for the grand finale of the Contest.
    11. Pictures of Contestants will be taken at intervals via participant’s device camera when participating in the Contest. By entering the Contest, you agree to have your picture taken and be used for later verification.
    12. The top 20 verified Spellers from the second round shall be eligible for the grand finale of the Contest; verification is solely at the discretion of MTN.
  1. Online Entry (First and Second Rounds)
    1. The first round of the Contest begins on 27th July 2020 and ends on 2nd August 2020. After this date, no further entries for the Contest will be permitted;
    2. All entries for the first round Contest must be received by 11:59 pm on 2nd August Only entries that are duly received by MTN before this time will be eligible for consideration for the second round.
    3. Only the top (100) spellers from the first round of the contest will be granted access to enter for the second round of the contest.
    4. The second round of the Contest begins on 6th August  2020 and ends on 9th August  2020. After this date, no further entries for the Contest will be permitted;
    5. All entries for the second round contest must be received by 11:59 pm on 9th August Only entries that are duly received by MTN before the closing time will be eligible for consideration for the grand finale.
    6. Eligible participants can only participate once in each round and once an Entrant begins the actual spelling bee quiz, they cannot stop it and start all over again.
    7. MTN shall not be liable for entries that are lost, delayed or damaged and proof of sending an entry is not proof that we received it.
    8. MTN shall not be liable for incomplete submissions due to network issues, power cuts, device failure, etc.
    9. Entries must be submitted only through the designated section on the Contest Website;
    10. MTN will not be liable for any liability arising from non-compliance with these terms and conditions and Entrants agree to indemnify MTN against any claim by any third party from any breach of these terms and conditions by the Entrants.
    11. Entries must not contain defamatory, obscene, offensive, or any other unsuitable material; MTN reserves the right to disqualify entries containing such content.
  1. Grand Finale
    1. Verified top 20 Spellers from the second round of the Contest shall be eligible to participate in the grand finale.
    2. By entering this Contest, you agree to be available if invited for the grand finale, no replacement shall be considered, this shall hold via an online live session with all Participants present.
    3. The Competition will be oral; Contestants must spell the words orally and the use of pens and/or pencils and paper will not be allowed.
    4. Contestants may pronounce their words before spelling them, after spelling them, or not at all.
    5. Contestants must be looking at his/her screen throughout the duration of the Competition without any distraction.
    6. Once a Contestant has begun to spell a word, he or she may not ask for a word to be re-pronounced, defined or used in a sentence. Also, having started to spell a word, a Contestant will not be given any opportunity to change letters already pronounced. A Speller may retrace provided that letters and their sequence are not changed in retracing. Apostrophes and other punctuation are not required.
    7. If a word taken is unclear to a Contestant, he/she may ask for the word to be re-pronounced, but will not be given a definition or a sentence, unless the word is a homophone in which case the Pronouncer must give the definition and an example sentence without being asked. The Contestant must give the spelling of the word as defined, not a homophone of the word.
    8. If a word has more than one acceptable spelling, only spellings of that word in the English Oxford Dictionary will be accepted.
    9. Officials may disqualify any Contestant who ignores a request to start spelling his or her word within a reasonable length of time. Also, a Speller whose spelling of a word is not audible to the officials may have his or her spelling ruled incorrect.
    10. When a Speller fails to spell a word correctly, the next Contestant will be not be given the same word to spell.
    11. During the grand finale, apart from the official break periods, every student must be seated with face (and hands) visible throughout the period they are active in the competition. Any breach of this will lead to instant disqualification from the competition.
    12. Every speller will be given a particular time frame to spell the pronounced word and will be disqualified if they don't spell the word or complete the spelling within the time frame.
  1. The Prizes
    1. The prize for the Winner will include Gift Voucher and mPulse goody bag which includes mPulse school bag, mPulse t-shirt, mPulse head phone, mPulse math set, mPulse notebook, mPulse pen, mPulse hand fan, mPulse bubble sticker, mPulse drawstring bag, etc.
    2. Every Winner will get a virtual badge automatically. For physical gifts as provided in clause 1 above, Winners will be required to collect their prize from the MTN store stated by the entrant in the email entry sent or designated MTN store as may be communicated by MTN for winners to pick up their prize.
    3. The prizes do not include any items other than those expressly stated.
    4. Winners shall be responsible for picking up prizes won and all incidental costs thereto.
    5. Winners may be required to have their pictures taken and these pictures will be published online. By entering for this Competition, you agree to have your pictures taken and published by MTN or any of its third-party partners.
    6. Winners may also be requested to participate in media rounds, online Q&A sessions, and other MTN events. By participating in this competition, you agree to make yourself available whenever needed to fulfil these obligations.
  1. Prize and Judging
    1. Winners will be selected purely in accordance with the provisions of clauses 3 and 4 above and Entrants which meet other entry criteria as specified in Clause 2.
    2. MTN reserves the right to set the number of correct entries for the Challenge.
    3. There is no alternative prize or cash alternative and prizes cannot be transferred to any other person. We may alter arrangements or prizes should this be deemed necessary by us. Prizes are not transferable.
    4. The selection of winners for the challenge is final, and at MTN’s sole discretion. No correspondence or discussion will be entered into by us in relation to this.
    5. Winners will be notified after each round of their win. However, where applicable, Winners will be contacted about picking physical items within one week after competition by email, SMS or phone call using details provided during their registration on the Contest website. Notwithstanding the foregoing, MTN may notify the Winners of a different date or time to pick up physical gift items.
    6. MTN via its designated personnel will make all reasonable efforts to contact the Winners. If any Winner cannot be contacted or is not available, or has not claimed his or her prize within thirty (30) days after contacting the Winner or any such other time as communicated by MTN, the winner will lose their prize.
    7. MTN via its designated personnel may ask you to provide documentary proof of your identity and/or address and/or school before award of the prize. The use of a false name or address or school will disqualify you from receiving any prize.
  1. Intellectual Property Rights
    1. By accepting the terms and conditions, winners confirm that their images and all content they feature in can be used on all MTN social media, any social media platform and traditional media channels (Publicity and post event leveraging) without further notice, compensation, consideration, review, or consent, and without regard to moral rights;
    2. Additionally, winners accept that MTN possesses all rights over uploaded pictures and hereby indemnify and hold MTN harmless against any claim, loss or liability, howsoever arising in connection with the uploaded pictures; MTN and any other MTN product or event name are trademarks of MTN and entrants shall not be entitled to reproduce such marks (other than to the extent required for personal use of the event) without MTN’s prior written consent.
  1. Confidentiality of Participant information
    1. MTN may use any personal information that was provided in the cause of this entries subject to the relevant extant provision and in accordance with MTN privacy policy at:https://mpulse.mtnonline.com/home/privacy, for the purposes of the Contest, in the ways described in these terms and conditions, and for any marketing or other purposes you may indicate your consent to.
    2. MTN may also share your details with its service providers and agents for the purposes of providing prizes on its behalf, and any sponsors or partners involved in this Contest.
    3. For further questions or concerns about the use of your personal information please contact us by email at mpulse@mtn.com
  1. Limitation of Liability
    1. Entrants agree that MTN shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury, loss or damage suffered or sustained (even caused by negligence) in connection with accepting or using a prize or participating in this Contest.
    2. By participating in the Contest, Entrants agree that:
      1. any and all disputes, claims, and causes of action arising out of or in connection with the Contest, shall be resolved individually without resort to any form of class action, and resolution shall be in accordance with the dispute resolution provisions contained in this terms and conditions.
      2. any claims, judgments and awards shall be limited to costs associated with participating in the Contest, but in no event attorneys’ fees; and
      3. Entrants hereby waive all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual costs associated with participating in the Contest.
    3. MTN assumes no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; or theft, destruction of, alteration or unauthorized access to the Contest.
  1. Dispute Resolution
    1. In the event of a dispute or difference between the Entrants and MTN (the Parties) in connection with or in relation to this Terms and Conditions or its performance, construction or interpretation, the party alleging the dispute shall provide a written notice, giving particulars of the dispute (the Notice of Dispute) to the other party. The Parties each agree to appoint a representative at senior management level and to cause their respective representatives to meet as soon as possible, in an effort to resolve the dispute amicably, in good faith and with absolute fair play. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.
    2. If the dispute is not resolved by formal negotiation as stated in Clause 11.1 within fourteen (14) business days of the Notice of Dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the The Lagos Multi Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated in clause 11.3.
    3. If the dispute is still not resolved after fourteen (14) business days of its being referred to mediation as specified in Clause 11.2, each party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement, its subject matter or formation.
  1. General
    1. MTN shall not be liable for any damage, loss or disappointment suffered by you taking part or not being able to take part in this Contest, or from being unable to claim your prize.
    2. Insofar as is permitted by law, MTN, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a prize except where it is caused by the negligence of MTN, its agents or distributors or that of their employees. Your statutory rights are not affected.
    3. In the event of unforeseen circumstances, MTN may alter, amend or foreclose the Contest without prior notice. MTN reserves the right to change these terms at any time without notice. By participating or continuing to participate in this Contest, entrants will be deemed to have accepted these and any varied terms and conditions which will be posted on the Contest Website.
    4. These terms are governed by Nigerian law and all entrants is bound by/and submit to the jurisdiction of the Nigerian courts.
By participating in this Contest, I agree to be bound by these Terms and Conditions and confirm that I meet all eligibility requirements listed herein. By participating in the Contest, I agree that the decisions of MTN are final and binding on all matters pertaining to this Contest.

Name of the Applicant:

Date:


Signature:

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